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8E Consent 2007 1217
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8E Consent 2007 1217
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12/14/2007 1:49:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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12/17/2007
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State Water Resources Control Board Order No. 2006-0003 Page 4 of 20 <br />Statewide General WDR For Wastewater Collection Agencies 5/2/06 <br />water quality in the area, costs associated with compliance with these <br />requirements, the need for developing housing within California, and the need to <br />develop and use recycled water. <br />16. The Federal Clean Water Act largely prohibits any discharge of pollutants from a <br />point source to waters of the United States except as authorized under an <br />NPDES permit. In general, any point source discharge of sewage efFluent to <br />waters of the United States must comply with technology-based, secondary <br />treatment standards, at a minimum, and any more stringent requirements <br />necessary to meet applicable water quality standards and other requirements. <br />Hence, the unpermitted discharge of wastewater from a sanitary sewer system to <br />waters of the United States is illegal under the Clean Water Act. In addition, <br />many Basin Plans adopted by the Regional Water Boards contain discharge <br />prohibitions that apply to the discharge of untreated or partially treated <br />wastewater. Finally, the California Water Code generally prohibits the discharge <br />of waste to land prior to the filing of any required report of waste discharge and <br />the subsequent issuance of either WDRs or a waiver of WDRs. <br />17. California Water Code section 13263 requires a water board to, after any <br />necessary hearing, prescribe requirements as to the nature of any proposed <br />discharge, existing discharge, or material change in an existing discharge. The <br />requirements shall, among other things, take into consideration the need to <br />prevent nuisance. <br />18. California Water Code section 13050, subdivision (m), defines nuisance as <br />anything which meets all of the following requirements: <br />a. Is injurious to health, or is indecent or offensive to the senses, or an <br />obstruction to the free use of property, so as to interfere with the <br />comfortable enjoyment of life or property. <br />b. Affects at the same time an entire community or neighborhood, or any <br />considerable number of persons, although the extent of the annoyance or <br />damage inflicted upon individuals may be unequal. <br />c. Occurs during, or as a result of, the treatment or disposal of wastes. <br />19. This Order is consistent with State Water Board Resolution No. 68-16 (Statement <br />of Policy with Respect to Maintaining High Quality of Waters in California) in that <br />the Order imposes conditions to prevent impacts to water quality, does not allow <br />the degradation of water quality, will not unreasonab-y affect beneficial uses of <br />water, and will not result in water quality less than prescribed in State Water <br />Board or Regional Water Board plans and policies. <br />20. The action to adopt this General Order is exempt from the California <br />Environmental Quality Act (Public Resources Code §21000 et seq.) because it is <br />an action taken by a regulatory agency to assure the protection of the <br />environment and the regulatory process involves procedures for protection of the <br />environment. (Cal. Code Regs., tit. 14, §15308). In addition, the action to adopt <br />
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